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PAYNE v. COM.

Record Nos. 980559, 980879.

509 S.E.2d 293 (1999)

257 Va. 216

Eric Christopher PAYNE v. COMMONWEALTH of Virginia. (Two Cases)

Supreme Court of Virginia.

January 8, 1999.

Attorney(s) appearing for the Case

Robert N. Johnson (Carolyn V. Grady; Epperly, Fonts & Schork, on brief), Richmond, for appellant (case no. 980559).

L. Willis Robertson, Jr., Mechanicsville (Patrick R. Bynum, Jr.; Donna D. Berkeley, Richmond; Cosby & Robertson, Mechanicsville, on brief), for appellant (case no. 980879).

Katherine P. Baldwin, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, HASSELL, KEENAN, KOONTZ and KINSER, JJ., and STEPHENSON, Senior Justice.

STEPHENSON, Senior Justice.

Eric Christopher Payne received two death sentences in each of these appeals. Although Payne has waived his appeals of right, former Code § 17-110.1 (now Code § 17.1-313) mandates that we review the death sentences nonetheless. In this review, we consider and determine whether the sentences were imposed "under the influence of passion, prejudice or any other arbitrary factor" and whether...

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